W.C. No. 4-505-088Industrial Claim Appeals Office.
November 13, 2003
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Harr (ALJ) which denied his claims for additional temporary and permanent partial disability benefits. The claimant contends the ALJ erroneously failed to resolve his request for medical benefits after maximum medical improvement (MMI) as provided by Grover v. Industrial Commission, 759 P.2d 705 (Colo. 1988). We agree, and therefore remand the matter for determination of the claimant’s entitlement to Grover-type medical benefits.
It is undisputed the claimant applied for a hearing on the issues of temporary disability benefits and Grover-type medical benefits. The respondents added the issue of permanent partial disability and moved to withdraw their final admission for the payment of permanent partial disability benefits.
At the commencement of the hearing on January 22, 2003, the claimant’s attorney requested temporary disability benefits and “medical benefits, consistent with the Division IME report recommendations by Dr. Nathan Josephs.” (Tr. p. 3). The respondents’ attorney agreed that the issue o Grover-type medical benefits was endorsed for hearing. (Tr. p. 4).
However, the ALJ’s written order states that the only issues were temporary disability benefits, the respondents’ request to overcome the Division IME physician’s medical impairment rating, and the motion to withdraw the final admission. Furthermore, the ALJ made no findings of fact or order concerning the claimant’s entitlement to Grover-type medical benefits. Neither did the ALJ reserve any issue for future determination.
Contrary to the respondents’ contention, we may not construe the absence of any findings to indicate a determination that the ALJ found no credible evidence concerning the claimant’s entitlement to Grover-type medical benefits. See Hall v. Industrial Claim Appeals Office, 757 P.2d 1132 (Colo.App. 1988). We also reject the respondents’ contention that the ALJ inherently denied Grover-type medical benefits by finding that the respondents overcame the Division IME physician’s medical impairment rating and awarding zero permanent medical impairment benefits. We are unaware of any authority, and the respondents cite none, in support of the contention that the absence of compensable permanent impairment is dispositive of the need for future medical treatment. We therefore conclude the ALJ erred in failing to resolve this issue, and remand the matter to the ALJ for additional findings and determination of the claimant’s entitlement to Grover-type medical benefits.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for an order determining the claimant’s entitlement to future medical benefits.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Bill Whitacre
Copies of this order were mailed to the parties at the addresses shown below on November 13, 2003 by A. Hurtado.
Herbert Rehm, 2762 Dharma Ave., Broomfield, CO 80020
Karen Young, Continental Airlines, P. O. Box 4607, HQSRK, Houston, TX 77210
Insurance Company of the State of Pennsylvania, c/o Dana Brendemuhl, Gallagher Bassett Services, Inc., P. O. Box 4068, Englewood, CO 80155-4068
Shawn P. Langley, Esq., 1120 38th Ave., #1, Greeley, CO 80634 (For Claimant)
Paul D. Feld, Esq. and T. Paul Krueger, II, Esq., 999 18th St., #3100, Denver, CO 80202 (For Respondents)
BY: A. Hurtado